Bias, Motive, and Interest
Q1: Can a party use extrinsic evidence to prove a witness’s bias or motive to lie?
A1: Yes. Extrinsic evidence is always permitted because bias is never collateral.
If a witness was intoxicated at the time of the event, what impeachment method is implicated?
Defects in perception.
When may a party introduce evidence of a witness’s truthful character?
Only after the witness’s character for truthfulness has been attacked.
When is a prior inconsistent statement admissible substantively? (substantively meaning for it's truth, not just for its inconsistency)
Only when it meets FRE 801(d)(1)(A): under oath, at a prior proceeding, and the witness testifies at trial and is subject to cross. The logic is that if the witness has conflicting testimony, the testimony closer in time to the event will be more accurate, so if it satisfies those conditions the jury may accept that statement for its truth.
When may felony convictions be used to impeach a witness who is not the defendant?
When probative value is not substantially outweighed by prejudice (regular 403). For normal witnesses → conviction admitted by default, unless outweighed by prejudice. (pro-admissibility bias)
Must a witness be confronted before introducing extrinsic evidence of bias?
No. Confrontation is not required for bias impeachment.
Bias is always material because it affects the credibility of the witness, so unlike Prior Inconsistent Statement extrinsic evidence is always allowed. Remember, for PIS extrinsic evidence is allowed only if NOT collateral.
Is extrinsic evidence allowed to show that a witness’s vision or hearing was impaired?
Yes. Capacity issues are never collateral.
May an attorney introduce extrinsic evidence of a specific act of dishonesty to impeach a witness?
No. Specific acts may be asked about on cross only; extrinsic proof is barred.
May extrinsic evidence of a prior inconsistent statement be used to impeach on a collateral matter?
No. Extrinsic evidence of a prior inconsistent statement is only ALLOWED when the inconsistency relates to a material fact, bias, perception/memory, or is independently admissible (e.g., 801(d)(1)(A) or 801(d)(2)). It is NOT ALLOWED when the inconsistency is collateral.
When may felony convictions be used to impeach a criminal defendant?
Only when probative value outweighs prejudicial effect (reverse 403). For defendant -> prior conviction doesn't default come in, it must have probative value that outweighs prejudicial effect. (pro-exclusion bias.)
Does impeachment for bias allow the opposing party to introduce evidence of the witness’s good character for truthfulness?
No. Bias impeachment is not a character attack.
A witness underwent hypnosis before trial to “refresh” memory. Is this a permissible basis for impeachment?
Yes. Hypnosis-related unreliability can be used to impeach perception or memory.
Are arrests admissible under FRE 608(b) to show untruthful character?
No. Only the underlying conduct may be inquired into, not the arrest itself.
Does FRE 613 require that a witness be shown or told about their prior statement before questioning them?
No. The witness must only have a later opportunity to explain or deny.
Are crimes of dishonesty automatically admissible for impeachment?
Yes, unless more than 10 years old.
Does evidence that a witness stands to financially benefit from the litigation affect competency or credibility?
Credibility. Remember a witness IS COMPETENT IF . . . (1) They can observe/perceive events. (2) They can remember what they perceived. (3) They can communicate what they perceived. (4) They understand the duty to tell the truth. That's it. Competency has NOTHING to do with intellegence, imagination, strange beliefs, bias. A witness could be mentally ill, biased, gullible, etc. Think about competency like admissibility, and credibility like weight.
If a witness suffers from mental illness, is this automatically a basis for incompetency?
No. Mental illness affects weight unless it destroys ability to perceive, remember, or communicate.
Does contradiction impeachment count as an attack on character for truthfulness?
No. Contradiction does not open the door to truthful-character evidence.
What distinguishes contradiction impeachment from prior inconsistent statements?
Contradiction uses other evidence to disprove testimony; PIS uses the witness’s own words.
What is required to admit convictions that are more than ten years old?
Probative value must substantially outweigh prejudicial effect.
If a witness is a close friend of a party, is this admissible impeachment evidence?
Yes. Personal relationships showing bias are admissible and may be proven extrinsically.
If a witness cannot recall events that happened more than ten minutes earlier, can the judge find them incompetent?
Yes. Severe memory inability can defeat competency.
Does bias impeachment count as an attack on character for truthfulness?
No. Bias is not a character attack.
When is contradiction impeachment allowed to use extrinsic evidence?
When the contradicted fact is material, not collateral.
Are juvenile adjudications admissible against a defendant?
No. They may only be used against other witnesses in limited circumstances.